CITY OF UNION, KENTUCKY
Regular Business Meeting
MINUTES
Mayor Don Kirby called the regular meeting of the
Union City Commission to order in the Union City Building at 7:30 p.m., Monday,
May 12, 2003.
The following members of the Commission were
present: Ana Hitzel, Jonathan Jennings, and Wayne McClellan and Gary McCormick.
Also present were City Attorney Greg D. Voss, City
Clerk Kathy Porter and City Engineer Representative Mr. Jim Curry of David
Estes Engineering, Inc., Julanne and Steve Yauch, Estelle Morgan, Gregory T.
Lloyd, Brian Sullivan and Mike Trout.
Motion to approve the April 14, 2003 meeting minutes
as presented was made by Mr. McClellan and seconded by Mr. Jennings. Motion carried.
Mayor Kirby presented the Treasurer’s Report as of
April 30, 2003. Mr. McCormick moved to
accept the Treasurer’s Report. Motion
seconded by Mrs. Hitzel and motion carried.
The bills for payment were reviewed. Mr. Jennings
made a motion to pay the bills as presented and Mr. McClellan seconded the
motion. Motion carried.
Mr. Randy Barlow, Union’s Representative not
present.
CITY ENGINEER REPORT
Mr. Jim Curry of David Estes Engineering, Inc.
handed out information he had obtained regarding the complaints received
concerning the lake behind Kroger. This is Union Village Lake and is located
between Richmond Road and Braxton Drive. There are six storm sewers which
discharge into the lake and one surface drainage swale. The lake is classified as privately owned on
the plats and the lake is shown as divided among the adjoining property owners.
The private driveway, which serves Kroger’s serves as a dam. Two of the storm sewers, which discharge
into the lake, are private and maintained by Krogers. The other four are public and are maintained by the City of
Union. The lake is presently 70-80%
silt laden. Boone County Public works has an agreement with the developer of
Savannah Lakes to clean out the lake where the Savannah Lakes storm water
discharges. There is a bond on the subdivision, which ensures all public
improvements will be completed. This cleanup work will be added to the bond and
will not totally solve the silting problem.
The subdivision regulations put the maintenance responsibility of lakes
on the adjoining property owners. The
subdivision regulations clearly differentiate between detention ponds and
retention ponds. A detention pond is designed to be dry in dry weather. A
detention pond is maintained by a legislative body (City, County). A retention
pond retains water during dry weather and is owned and maintained by the
adjoining property owners. This lake is obviously a retention pond. All discharges into the lake were installed
in accordance with the subdivision regulations. A copy of an easement agreement
between B&Z Development, Sheben Company and the Kroger Company, giving
Kroger the right to discharge into the lake has been officially recorded in the
Courthouse and Mr. Curry will fax the city a copy. Brad Horn, Codes Enforcement Supervisor, issued a final notice
dated May 1, 2003 to Bear Creek Capital to begin work on cleaning up the lake.
It appears the only resolution for the property owners would be to seek legal
advice. Mayor Kirby expressed he felt the City should provide some type
consultation with the developer and the property owners, technically not to say
we are responsible, but to exercise our relationships with both parties to
reach a mutual agreement.
There had been some calls on No Parking signs and
also the Pot Holes at the entrance of Golden Pond Dr.
CITIZENS/PUBLIC COMMENTS
Ms. Estelle Morgan, resident of 9094 Braxton Drive
and three other Braxton Drive residents were present to discuss the water
drainage problem in the Union Village Subdivision. Ms. Morgan had contacted Willard Rusk, former City Engineer
before she purchased the property to discuss the problem. She was assured that the problem would be
taken care of by the County or City.
Later, she was informed it was a problem for the builders and
developer. Ms. Morgan purchased the property
and has had a water and mosquito problem ever since. Current City Engineer Jim Curry had also been contacted. Mayor Kirby told Ms. Morgan and other
residents that he and others had spoken to Mr. Rusk and he had assured them
that the issue was close to being resolved. Mr. Rusk had spoken to the
developer who verbally agreed to put some money toward the project. Mr. Rusk assured the Mayor that sometime in
June the details will be worked out with Mr. Sheben and the contractors that do
the work. Property owners will probably
share in the final cost. Mayor Kirby
asked the residents if there had been any changes or modifications to the
landscape or terrain requested by the homeowners. Mayor Kirby advised the four
property owners that were present tonight to notify the absent property owner
to give their name and phone numbers to the City Clerk, so they can be notified
of any details. The residents would
like some input if a pipe would be going thru their yard or whatever is going
to be decided. Mayor Kirby commented to the property owners present tonight
that they would be able to share their input when the details are completed.
No Old Business was brought before the Commission.
First reading of ORDINANCE NO. 03-002 – AN ORDINANCE TO PROVIDE FOR THE ORDERLY SUCCESSION OF OFFICE OF MAYOR IN THE EVENT OF THE ABSENCE OR DISABILITY OF THE MAYOR. Mr. McClellan moved to accept first reading of Ordinance No.03-002. Mr. Jennings seconded the motion. Motion carried.
Mrs. Hitzel tendered her official resignation as Commissioner due to relocation to California. Mayor Kirby praised her work during the short time in office and read a Proclamation honoring her dedication and efforts during her tenure. The City Clerk will have the Proclamation framed.
No
further business to come before the Commission, Mayor Kirby asked for a motion
to adjourn. Mrs. Hitzel moved to
adjourn the meeting at 8:19 p.m. and seconded by Mr. Jennings. Motion carried.
APPROVED: ATTEST:
______________________ ____________________
Donald G. Kirby II, Mayor Kathy Porter, City Clerk